[2026:RJ-JP:2022] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16854/2025 Shivraj Sharma @ Ishwar Choudhary S/o Bhagwandas, Aged About 55 Years, R/o D-9/113, Chitrakoot Scheme, P.S. Chitrakoot, District Jaipur At Present R/o Lochan Choudhary, Advocate Space, Kurkunj Chouraha, P.S. Sikandra, Agra (UP) (At Present Confined In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Ms. Nikita Bhandari, Adv. For Respondent(s) : Mr. Vivek Choudhary, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/01/2026 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.157/2025 registered at Police Station Bansur, District Kotputli-Behror for offence punishable under Section 316(2) of BNS, 2023. After completion of investigation, police filed charge sheet in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that on the basis of false facts, present FIR has been lodged for the offence punishable under Section 316(2) of BNS, 2023 (corresponding to Section 406 of IPC). She further submits that vehicle in question has already been recovered by the Investigating Agency during the course of trial. [2026:RJ-JP:2022] (2 of 3) [CRLMB-16854/2025] She argues that alleged offence is triable by Magistrate. She further argues that trial of the case will take considerable time in its conclusion. She contends that the petitioner is in custody since 01.08.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that the petitioner is a habitual offender, as fifteen other cases have been registered against him. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that alleged offence is triable by Magistrate; charge-sheet has been filed and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner– Shivraj Sharma @ Ishwar Choudhary S/o Bhagwandas shall be released on bail provided, he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. [2026:RJ-JP:2022] (3 of 3) [CRLMB-16854/2025] 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO shall record the presence of the petitioner in Roznamcha. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 10. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 11. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/172